Labor record in case of death of an employee. Entry in the work book in the event of the death of an employee

The death of an employee at or outside the workplace is an unpleasant circumstance not only for family and friends, but also for employers and personnel specialists, who often do not know what to do if an employee dies. First of all, in cases where an employee has died, it is necessary to understand how to dismiss him from the staff, because he actually ceases to be in an employment relationship. But it should be understood that in addition to the dismissal itself, there are also a number of other nuances that must be taken into account in cases where an employee of the organization dies.

An employee died - legal standards and provisions of the Labor Code of the Russian Federation

First of all, when an employee died at work, the employer and those responsible for personnel records should familiarize themselves with the provisions of the Labor Code of the Russian Federation. Thus, the following regulatory provisions of the Labor Code of the Russian Federation play a key role in this issue:

• Art.83. The key standard regarding the situation when an employee has died - according to this article, the death of one of the parties to the labor relationship is the ultimate justification for terminating the concluded contract, regardless of other factors.
• Article 84.1. It examines the general principles according to which concluded employment contracts are terminated. However, implementing them when an employee has died can be difficult. In this case, it is necessary to understand that these obligations of the employer remain with respect to the heirs or administrator of the deceased.
• Art. 127. It assumes mandatory payment of compensation for all days of unused vacation by the worker and does not provide for death as a basis for the employer’s refusal to provide these payments.
• Article 141. Considers the specific situation of issuing a worker’s salary after his death to his relatives or dependents, establishing mandatory deadlines.

However, this issue is considered not only by the provisions of the Labor Code. Also, it is necessary to keep in mind the following regulations that directly address the main procedural actions when an employee has died:

• Article 217 of the Tax Code of the Russian Federation. It sets out the principles that apply to payments made by an employer on account of the death of an employee. Including financial assistance, payment of wages and fulfillment of other obligations of the employer in connection with labor relations.
• Article 1183 of the Civil Code of the Russian Federation. Its principles touch upon the issues of inheritance of payments due to an employee and their distribution among persons close to him.

The regulations of the Labor Code and the Civil Code in the context of receiving payments due to an employee who has died are in conflict and contradiction with each other, which is another important nuance that will be discussed separately below.

An employee has died - how to fire him, step-by-step instructions

First of all, when an employee dies, the main question that concerns HR specialists and the employer is how to fire him. In this case, the procedure is quite simple, but must be followed - if it is violated, administrative liability may be imposed on the employer. To avoid violations of the law when an employee dies, the following simple instructions will help:

This procedure is relevant for all situations where an employee has died. However, this aspect of labor relations has many individual nuances and features that personnel officers should definitely take into account.

An employee died - nuances and features of the employer’s actions

The question of how to fire an employee who has died is resolved quite simply. But in connection with the death of an employee, a number of controversial situations may arise in which an exact solution may be difficult to find even for an experienced HR specialist, not to mention cases where the employer himself is involved in the preparation of personnel documentation and does not know all the specifics of actions in such a case. The most common cases will be considered below.

Filling out a time sheet upon the death of an employee

It is not always the case that the employer receives information that an employee has died immediately upon the fact of his death. In most cases, it turns out that the employee does not show up for work for several days and only later does the HR department learn about his death. It must be remembered that if an employee is absent for unknown reasons, absenteeism should not be indicated in the time sheet. You should put the designation NN for each day of absence.

The basis for dismissal due to the fact that an employee has died can only be a death certificate issued by the registry office. Notification of death by telephone or postal mail, as well as notification by law enforcement agencies or medical institutions, cannot be grounds for dismissal. If the employee died abroad, then his death must still be first confirmed by the Russian registry office before the dismissal procedure is carried out.

In cases where information about the death of an employee is provided, it is necessary to make an adjustment to the work time sheet, because the contract is terminated and the dismissal is carried out on the date when the employee ceased the employment relationship, which means that at the time of his absence from work he could no longer be in it with the employer . The adjustment is carried out in accordance with the Law “On Accounting”.

The procedure for issuing wages of a deceased employee when several persons apply

Issues of providing wages upon the death of an employee are regulated simultaneously by the provisions of the Labor Code of the Russian Federation and the Civil Code of the Russian Federation, which, when taking into account various information in Articles 141 of the Labor Code of the Russian Federation and 1183 of the Civil Code of the Russian Federation, can lead to controversial situations. Thus, the Labor Code requires payment to be issued exclusively to relatives or dependents of the employee. While the Civil Code provides for the issuance of funds exclusively to family members who directly lived with the employee.

The legislation does not provide direct instructions on what procedure an employer should follow. Accordingly, in order to avoid possible problems and controversial situations, it is recommended to ensure the issuance of wages and employee documents to the first person who applies, who is a family member or dependent of the employee. In such a situation, the employer will not bear any responsibility for his actions, and possible disputes regarding the inheritance of these amounts will become a problem for the relatives of the deceased themselves.

However, there are situations in which several relatives contact the employer at the same time. In this case, the legislation does not provide for the possibility of dividing the funds due to the employee, and refusal to one of the relatives who has the right to receive payment is also illegal. Therefore, the employer in this case should be offered to pay this amount to relatives in court if they cannot reach an agreement with each other. Or - give funds to someone who provides the original death certificate.

The employer must keep the funds to provide them to relatives for up to four months from the date of death. It is during this period that they have the right to receive them directly from the employer. If they are not applied within the specified time frame, the funds are transferred to the notary and inherited in the manner prescribed by law.

An employee has died - to whom should the wages be given if there are no relatives?

There are situations when an employee has died and he simply has no relatives, and the employer, as well as the accounting department, do not know what to do in this case. Thus, the employer cannot appropriate the funds of the deceased, but their presence in his accounts may raise additional questions and claims from regulatory authorities.

In this case, resolving the issue involves carrying out a procedure for depositing the amounts and transferring them to a separate bank account or providing them to a notary who is involved in managing the inheritance of the deceased. The management of the inheritance in the absence of a relative and a completed will will be entrusted to a public notary. Accordingly, he will actually manage the funds of the deceased, subsequently transferring them to the legal heirs or the state in their absence.

If a will was drawn up in the name of a third party who is not a relative, the employer also cannot give him the salary of the deceased and is obliged to carry out the procedure of depositing and transferring funds to a notary, who, upon distribution of the inheritance, will transfer the payment to the heir.

If no one took the work book of the deceased employee, the employer is obliged to place it in the archive and ensure proper storage for 75 years after the death of the worker, and only after this period can it be disposed of.

Taxation of payments when an employee dies

Issues of taxation of payments due to an employee at the time of death are also relevant for Russian employers. The provisions of the Tax Code in this case allow you to get rid of unnecessary problems. It is enough to follow a simple algorithm and basic principles set out in the Tax Code of the Russian Federation:

Accordingly, the employer should note that the full amount of wages must be provided to relatives or a notary for collection without any deductions or fees.

Death in the workplace and its registration

Situations where an employee dies in the workplace are quite rare, but they do occur in labor practice. In this case, many HR specialists do not know exactly how to properly formalize the dismissal of an employee and make the final calculation of the funds due to him.

On the day of death, if the employee has started work, he should calculate the actual hours worked. The final calculation upon the death of an employee is carried out taking into account the time worked by him on the day of death. The same day is also considered the day of dismissal.

If an employee died on the way to work, then on that day it is also necessary to put the designation NN on the time sheet. In the case where an employee died at the end of the working day, the day of dismissal is also considered the day of death, but the calculation is carried out as for a fully worked day.

Liability for non-payment of benefits due to an employee after death

As in the case of delayed payment of wages or incomplete payment, refusal to fulfill the obligations assigned to the employer leads to liability. So, he can be brought to it under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which will entail an administrative fine. In addition, it is also assumed that compensation will be paid for each day of delay in payment in accordance with the principles of the Labor Code of the Russian Federation, which consider the financial responsibility of the employer.

If the non-payment of the deceased’s salary occurs for a long time after the relatives apply for it, and the employer’s actions have a selfish intent, then criminal liability for such an offense is possible.

Dismissal due to death cannot be considered illegal, and payment for forced absences, even if the employer fails to fulfill its obligations, is not made and is not taken into account when calculating the amount of total debt.

Financial assistance upon death of an employee

Russian legislation allows employers to provide additional guarantees to their employees and their relatives. Including the payment of financial assistance in the event of the death of the employee himself. This issue is regulated in various ways. Thus, if the enterprise has local regulations obliging the employer to provide such payment, then he is obliged to provide it to the relatives of the deceased in full.

If local documents give the employer the right, but not the obligation to make such payment, the decision to provide assistance is made by the manager himself. In addition, even in the absence of these local documents, the employer can independently initiate the process of providing financial assistance by a separate order.

Taxation of financial assistance provided in connection with the death of an employee to his relatives is not carried out, regardless of the amount of payment.

The employee died on vacation or on the weekend

If an employee died on vacation, or during a weekend or holiday, then the day of dismissal is considered to be the day of death. However, various nuances arise related to the payment of vacation pay due to an employee. In the event of his death, they must be recalculated.

If the leave was provided in advance, then it is impossible to withdraw overpaid funds by deducting them from the salary and payments to the relatives of the deceased.

Severance pay upon death of an employee

If a dismissal procedure has already been initiated against an employee, for example, due to the liquidation of an organization or staff reduction, or on the initiative of the worker himself, then upon the death of such an employee, all these procedures are considered invalid.

That is, the employment relationship is terminated precisely because of the death of the employee. Accordingly, all rights to receive severance pay from the employee are lost, and it should not be accrued regardless of other circumstances.

Popular wisdom says: “Man proposes, but God disposes.” This also applies to the issue of life and death. If you work in the human resources department, you will not only have to hire new employees, but also possibly process the termination of people after their death.

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

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If you want to know the sequence of actions in difficult and delicate circumstances, you will be interested in reading the theory.

Normative base

They can be dismissed either by death or, in ordinary cases, by special order. It’s just that this time it has a different regulatory framework.

It is drawn up based on the eighty-third article of the Labor Code of the Russian Federation, which reads as “due to circumstances beyond the will of the parties.”

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

Supporting documents

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

• death certificate issued by the relevant authorities;
• if it is not there, then a court decision declaring the person missing.

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

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

If an employee dies, how to fire him? Step-by-step instruction

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

Stages:

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

Step 1:

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

It indicates the person’s personal data. In addition to them, you need to register the personnel number and the position held by the employee. Do not forget to indicate the reason for drawing up the order, and the decision being made - to fire the employee.

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

In addition, a copy of the document certifying the death is attached - this could be the corresponding death certificate or a court order.

Example of an order:

Step 2:

The notice of dismissal clearly states:

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

The line prompting you to familiarize yourself with the document remains blank.

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

Options for employee death

The Labor Code of the Russian Federation clearly defines the algorithm of actions in such situations. When preparing all the necessary documents, you must 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 possible situations of death.

1. An employee dies not at work, but in his free time (at home, on vacation, etc.);
2. An employee dies at work or on a business trip while fulfilling official obligations.

If the event occurs outside of business hours, then the cause of death is clarified without the participation of the enterprise management. In this case, the relatives, after receiving the death certificate, 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 ordered, during which they can confirm the non-involvement of the manager, 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 ordered to establish under what circumstances the employee died (during working or free time). Based on its results, the manager may be required to pay monetary compensation to the family of the deceased.

Grounds for dismissal

The regulatory documents clearly state that a manager cannot independently dismiss an employee without documents confirming the person’s death. 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 declared 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 presence of 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 contact the registry office to obtain a certificate.

A person is declared dead by a court decision if:

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

You can appeal this decision only within 1 month after it comes into force. After this period, his appeal becomes impossible.

No one has the right to fire an employee without a court decision or a death certificate. Another employee can occupy the position, but his employment must be temporary. That is, without documents confirming the death of an employee, his job is retained.

Dismissal procedure

The reason for dismissing 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 the employment relationship in this case is the death certificate.

It is very important to know what number to fire a deceased employee. The law 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 manager issues dismissal order. A copy of the death certificate or court decision is attached to it.
2. The order is registered in the Order Register.
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. A court decision or act confirming the accident (in case of death at work);
3. Original documents and its copies (passport) of the person who will receive payments and work record book;
4. Sick leave (if death occurred during illness);
5. Invoices or receipts confirming funeral expenses (if relatives are claiming benefits);
6. Applications drawn up in any form for payment of the balance of wages, financial assistance, compensation, etc.

Drawing up a dismissal order

The dismissal order must be drawn up in a certain unified form (T-8). It is inappropriate to use the word “dismiss” in such an order. It is better to formulate this as “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 dismissal of an employee is the date of his death.

The last line “I have read 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 entry in work book.

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

The first column is numbered in order. 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 as in the order, the word “dismissal” is inappropriate here. Here is an example of an entry in a work book:

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

There is no need to introduce relatives 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 the movement of work books, where the person who received the document signs.

If no one applies for personal documents, then the work book is stored until required.

Calculation of payments

After issuing 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 do 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 dependent on the deceased can receive payments. If there are several applicants, the entire amount is given to the first applicant. If a controversial situation arises, you can invite relatives to come to an agreement or go to court.

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

A deceased employee is entitled to payments as for a normal dismissal:

• Salary;
• Sick leave;
• All necessary allowances;
• Awards;
• Compensation for unused vacation.

In addition to them, financial assistance to relatives or compensation for burial may be awarded for consideration by the management. We will consider the procedure for calculating all payments in the table.

No.	Name of payments	Accrual procedure	Peculiarities
1.	Wage	Payroll continues until the day of death. According to the timesheet, days worked are calculated and wages are calculated. In this case, all allowances, bonuses, etc. are taken into account.	The day of death is not paid.
2.	Vacation compensation	The company is obliged to pay compensation for unused vacation. Accruals are made in accordance with current legislation. If at the time of death the employee was already on leave, which was provided to him in advance, then no one returns the money back.
3.	Sick leave	If a person died during his illness, then the ballot closes on the day of death.	The day of death is not paid
4.	Compensation for burial	It is calculated based on receipts and invoices provided by relatives. This payment can be received by any person who spent his personal savings on funerals.	From February 1, 2018 it is 5740.24 rubles.

Conclusion

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

05.09.2019

If an employee of an enterprise dies, then in accordance with the law.

To do this, you will need to draw up an order to terminate the employment contract due to the death of the employee.

The process of terminating a contract is non-standard, so the manager must know how to act correctly in such a case.

Foundation documents

The main and only document on the basis of which an order to dismiss a deceased employee is issued is a death certificate, which will be brought by relatives.

In some cases, the certificate is replaced by a court decision declaring the citizen dead.

Such a document is provided for persons who have gone missing and have not been contacted for more than five years.

Most often, by this time such employees are fired for other reasons.

It is important that in the case when a citizen does not show up for work for a long time over several months or even years, and there are no relatives interested in finding him, the employer himself can apply to the judicial authorities to declare the person missing or dead.

The death certificate must contain the following information:

The HR employee must be sure that the certificate is genuine, and therefore must know what it looks like and what information it contains.

What date is the termination of the employment agreement?

An order to terminate an employment contract must be issued on the employee’s last working day or on the date indicated on the death certificate.

The date specified in the court decision is also used. Any of the options will be correct.

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

The date is indicated not only in the order of dismissal of the employee, but also in the work record book, which is handed over to relatives. It is important that these two dates must coincide.

How to fill out Form T-8 to dismiss a deceased employee?

The order should be issued after the relatives provide evidence. In fact, it turns out that the dismissal order will be issued retroactively. But in this situation there is no other way.

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

After the order is drawn up, it is submitted to the manager for signature. The only and main difference from a standard dismissal order is that there is no signature of the person being dismissed.

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

• Application for issuance of a work book.
• Death certificate.
• A document identifying the applicant and confirming his relationship with the employee.

All these documents are drawn up and photocopies are made of them. Copies are filed with the deceased employee.

A relative who receives a work book is required to sign the journal for the movement of these documents.

If there are no relatives or they did not come for the document, then the book is stored in the archives of the enterprise for 50 years.

Grounds for termination of the contract

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

Moreover, it is necessary to refer to Art. 83 part 2 of the Labor Code of the Russian Federation.

Download sample

Download an example of an order to dismiss an employee due to his death (termination of an employment contract) -.

Useful video

The procedure for terminating an employment relationship due to the death of an employee is described in detail in this video:

conclusions

The death of an employee in itself is grounds for his dismissal. But the order must be issued retroactively.

Anything can happen in life; often fate awaits a person at the most unexpected moment. It happens that an employee one day does not show up for work or does not return from sick leave, and only then it turns out that his vacation will now be eternal. What should an employer do to legally terminate an employment relationship? How to manage the money earned by a deceased employee? Who should I give the work book to, and what entry should I make in it?

Death does not depend on anyone's will

The legal grounds for dismissal due to death are clause 6.1. Article 83, “termination of an employment contract for reasons beyond the will of its parties.” The death or disappearance of an employee, followed by his recognition as dead or missing, naturally belongs to such reasons.

Documentary evidence of the unfortunate fact will be a state 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 registering death in the registry office. The deceased's next of kin 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 the decision gaining legal force, the missing person is declared dead or missing. The court decision will become the documentary justification for the dismissal (clause 1 of Article 45 of the Civil Code).

Documentary support for “perpetual” dismissal

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

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

1. Rationale– death certificate (or a court decision on the status of the disappeared employee that has entered into legal force).
2. Order of dismissal deceased employee, issued in accordance with the established form No. T-8.
3. Private bussiness employee with the appropriate marks.
4. Employment history with a correctly formatted entry.
5. Statement from relatives to transfer to them the payments due to the employee.

Algorithm for the employer

Having received 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 about this fact to management, 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 “I have read the order,” and no one except him has the right to do this. So in this case the line remains 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 termination of the employment contract with reference to the article of the Labor Code.
4. Entry into 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 corresponding note about this. Relatives must present a document confirming their relationship. If relatives do not appear or do not express written consent to receive a work book, it must be kept in the archives of the enterprise for at least 3 years, and then destroyed in accordance with a special act.
7. After signing the statement, relatives are given appropriate cash payments. This should happen no later than a week after the written request for payment accrual. In this case, the statement will be issued to the deceased employee (must contain information about his tariff rate, position, personnel number, etc.), and the person to whom it is given, that is, a relative, will sign in the “Money received” column.

How to coordinate dates

There is no and cannot be a resignation letter with a specific date, nor is there a two-week period of work required before dismissal. What is the date to terminate an employment contract? After all, these numbers depend on:

• calculation of due wages;
• calculation of unused vacation days;
• compensation for additional leave granted to employees with young children;
• transfer of contributions for the 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 manager does not immediately learn about the death of a subordinate, especially since it takes time to prepare supporting documents, the official date that will appear in all accompanying papers will be considered the one indicated in the certificate (or in the court decision).

Since the supporting document (certificate) reaches the enterprise later, the employer is forced to prepare the documents “retroactively”. In such a situation this is not a violation.

No death certificate? Need to find

It happens that the deceased employee does not have relatives or they do not contact the company, 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 begin the procedure for terminating the employment relationship?

The company 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 have been registered. This could be the registry office:

• at the place of actual residence of the deceased;
• at the place of last registration;
• closest to the place where the death is recorded (for example, in a hospital) or the body is discovered;
• in the burial area.

When the question arises of searching for documentary evidence, but the employer does not have the exact facts, you can send a request to all possible registration authorities.

What is due to relatives?

For whatever reason, an employee is dismissed, including due to death, he is entitled to certain payments:

• wages for hours worked that have not yet been paid;
• compensation for “not taken” vacation;
• financial assistance to the family of the deceased is a gesture of goodwill on the part of the employer. This payment is not mandatory, but in practice the company usually supports relatives in memory of a good employee.

To receive this money, immediate relatives (spouse, children, including adopted children, parents, guardians or adoptive parents) must collect the following documents for the employer:

• application requesting payment;
• documentary evidence of relationship with the deceased;
• a copy of the death certificate of a relative;
• your passport or other identification document.

Relatives have 4 months to receive legal payments directly from the employer (clause 2 of Article 1183 of the Civil Code of the Russian Federation). If they did not come for the money with the appropriate documents, payments must be transferred to the account of the executor - any state notary (Article 327 of the Civil Code of the Russian Federation). They will be included in the total amount of money 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 with a signature of relatives on the payroll, or information about the deposit account of a government lawyer.

If immediate relatives apply for payments independently of each other, for example, applications were submitted by both the wife and mother of a deceased employee, the employer is not authorized to decide which of them to give the due money. Relatives will be asked to reach an agreement among themselves or go to court.